Unit Four Outcome One Flashcards
What’s the reason for a court hierarchy?
- It allows courts to develop expertise.
- It provides a more efficient use of resources.
- It allows for appeal
- it is essential to the operation of precedent.
Role of VCAT
VCAT, The Victorian Civil and Administrative Tribunal consists of 15 different boards and tribunals, to provide a fast, efficient and accessible resolution of civil disputes in a range of areas. there are three divisions of VCAT each containing lists that specialize in areas of law these are administrative division, civil division and human rights division.
Dispute resolution methods used by courts and VCAT
Mediation
The process where two or more parties with the help of a mediator, attempt to resolve their disputes between themselves. The role of the mediator is to facilitate discussion between the parties in order to help them reach a resolution, it is not to negotiate or make decisions. mediation is not legally binding.
Strengths and weaknesses of dispute resolution methods
Strengths - Less formal and confrontational - Cost effective - Helps to preserve relationships Weaknesses - Decisions are not legally binding - There is no appeals - One party may dominate the other Strengths and weaknesses of judicial determination - Decisions are legally binding - Expensive fees associated with courts
Strengths and weaknesses of the way courts operate to resolve disputes
Strengths in court
- Due to the strict rules of evidence and procedure both parties are treated fairly
- The decision reached is final and legally binding
Weakness in court
- Time-consuming
- The formal setting of the court room can be intimidating
Dispute resolution methods used by courts and VCAT
Conciliation
The process where two or more parties with the help of a conciliator. The role of the conciliator is to facilitate discussion, listen to evidence and arguments and suggest solutions. Any decisions made in conciliation are not legally binding.
Dispute resolution methods used by courts and VCAT
Arbitration
The process where the arbitrator listens to the evidence and arguments between the parties and make a legally binding decision on their behalf.
Dispute resolution methods used by courts and VCAT
Judicial determination
Involves the parties to the case presenting arguments and evidence to a judicial officer who then makes a legally binding decision about the case.
Strengths and weaknesses of the way VCAT operate to resolve disputes
Strengths
- Less formal method of dispute resolution
- Low- cost method of resolving
Weaknesses
- Avenue for appeals is limited to only questions of law
- The cost has risen due to parties seeking legal representation
Magistrates original criminal jurisdiction
summary offences, indictable offences heard summarily, committal hearings, issued warrants and hearings on bail application
magistrates original civil jurisdiction
claims up to 100,000 for all civil matters, claims under $10,000 are sent to arbitration
magistrates appellate
no appellate jurisdiction
county court original criminal jurisdiction
Indictable offence such as rape and armed robbery
county court original civil jurisdiction
personal injury claims for an unlimited amount
county criminal and civil appellate jurisdiction
appeals from magistrate on a point of law
no appellate jurisdiction
supreme original criminal jurisdiction
only serious indictable offences such as murder
supreme original civil jurisdiction
able to hear cases being claimed unlimited
supreme appellate criminal jurisdiction
appeals in all cases on a point of law from mag
supreme appellate civil jurisdiction
appeal in all cases on a point of law from mag and some divisions of VCAT
court of appeal original criminal and civil jurisdiction
no jurisdiction
court of appeal appellate criminal jurisdiction
appeals in all cases from county or supreme
court of appeal appellate civil jurisdiction
appeals in all cases from county or supreme
original
courts power to hear a case on the first instance
appellate
courts power to hear a case on appeal
civil
protects the rights and obligations between parties. disputes between two parties that occurs by the rights of one party being infringed by the other party
criminal
dispute between the state on behalf of society against an individual or group that occur as a result of acts against the law, and are harmful to society
problems of court hierarchy
- precedent set by a higher court may be disapproved or distinguished by a lower court or it may not be appropriate for the case.
- appeals add to the cost of cases
Magistrates specialist divisions
The drug court division- set up in 2002 deals with offenders who plead guilty to drug related crimes, who have a drug problem or committed an offence under the influence. the emphasis of the court on rehab or breaking the drug habit that caused the offence.
county court processes/ divisions
The sexual offences list was established in 2005 to manage pre-trial hearings, in sexual offence cases, with the aim of facilitating a more efficient trial process. it is designed to identify, define and resolve issues therefore being more responsive to the vicitims
supreme court divisions
the victorian costs court is a division of the supreme court that commenced in 2009, it is responsible for hearing and determining the taxation or review of costs of proceedings in the supreme, count and mag court and VCAT